Throughout the criminal justice process, there may be many instances where an inmate or suspect will communicate with another person, such as an investigator, a family member, a friend, etc., where that communication will be observed by authorities. These communications can be in-person communications, such as an interrogation during an investigation, a face-to-face visit with a family member, friend, etc., or the like, or can be by video conferencing. In many instances, the communications are observed by authorities, and the communications can be recorded. The recordings can be probative for future investigations.
By recording interrogations, investigators may have the ability to review the recording to identify any stated information that was missed or overlooked well after the interrogation occurred. For example, some information stated by the person being interviewed may appear to be irrelevant at the time of the interrogation, but later in the investigation, the information may become highly material. Additionally, recordings of interrogations may be important forensic evidence used at trial, for example, when the person being questioned admits to a material fact.
Communications between an inmate and someone outside of the correctional facility, such as family and friends, are thought to be beneficial to facilitate the inmate's transition back into society upon release. As mentioned above, the forms of these communications can include in-person visitation and individual-to-individual videoconferences. Although these forms of communications are intended to be beneficial for the inmate's transition back to society, these communications can be used to direct or communicate instructions relating to illicit activities. For example, an inmate could direct someone to destroy evidence, intimidate a witness, perform revenge, or continue an illegal operation.
Recordings of communications can be a valuable tool during investigations. They can be used as proof of material facts or as cross-checking of different accounts of events. Further, recordings can provide insight into activities of which the authorities were not previously aware, which can allow authorities to investigate those activities.